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《深圳经济特区出租小汽车管理条例》实施细则 Detailed Rules for the Implementation of Regulations of the Shenzhen Special Economic Zone on the Administration of Taxicabs

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颁布日期:20040826  实施日期:20040826  颁布单位:深圳市人民政府

  (Promulgated by Order No. 55 of the Shenzhen Municipal People‘s Government on November 3, 1996, revised according to Order No. 135 of the Shenzhen Municipal People’s Government of August 26, 2004)

  Chapter I General Provisions

  Article 1 These detailed rules for implementation (hereinafter referred to as the detailed rules) are hereby formulated according to Regulations of the Shenzhen Special Economic Zone on the Administration of Taxicabs (hereinafter referred to as Regulations)。

  Article 2 The administrative office of transit of the Shenzhen Municipal People‘s Government (hereinafter referred to as the municipal office of transit) shall be the responsible department of the taxicab (hereinafter referred to as taxi) trade in the Special Zone.

  The professional management agency of the taxi trade in the Special Zone (hereinafter referred to as the management agency) set up by the municipal office of transit shall exercise the functions and powers of management of the taxi trade which are entrusted with by the municipal office of transit according to Regulations and these detailed rules.

  Article 3 The Shenzhen Municipal People‘s Government (hereinafter referred to as the municipal government) shall conduct macro-level control of the total capacity of taxi transport in accordance with the needs of the development of the urban public transit services.

  As concerns the increase or decrease in the capacity of taxi transport in batches, the municipal office of transit shall put forward a plan and its explanation according to the development plan of the taxi trade, the market relationship of supply and demand, and beneficial results after consulting the related departments such as those in charge of public security, transportation, etc. and the municipal trade association of taxicabs, and report the plan and its explanation to the municipal government for examination and put the plan into practice after it has been approved.

  Article 4 Taxi operation shall be operation of scale.

  Operation of scale shall mean the operation activities undertaken by an organization which meets the requirements in the first section of Article 15 of Regulations and has a specialized management office, an appropriate number of taxies and service facilities.

  Chapter II Operation License

  Part 1 Transfer Auction

  Article 5 The “auction of operation licenses” referred to in Article 11 of Regulations shall mean that the municipal office of transit entrusts an auction agency with the transfer of an operation license to a highest-price bidder through competitive bidding or selling at marked price.

  Article 6 The auction of operation licenses shall follow the principle of public, fair and impartial competition.

  Article 7 The transfer auction of operation licenses shall not be done regularly.

  The municipal office of transit shall announce the number of operation licenses for auction 60 days ahead of the date of each auction.

  Article 8 An auction agency of operation licenses shall issue a public notice of auction 30 days ahead of the date of auction.

  A public notice of auction shall include the following contents:

  (1) the time and place of auction;

  (2) the number of operation licenses for auction;

  (3) the formula of auction;

  (4) the qualifications or conditions of a bidder;

  (5) the other matters that should be made public.

  Article 9 A bidder shall file an application to the management agency within the time limit prescribed by the public notice, fill out Application Form of Bid for Taxicab Operation License, and provide the following documents at the same time:

  (1) the business license, certificate of legal representative or responsible person, identification card, the power of attorney of an agent;

  (2) the bank statement of the fund which is appropriate for bidding for an operation license;

  (3) the other documents to participate in bidding for an operation license.

  Article 10 The management agency shall examine the qualifications or conditions

  of bidders and their provided documents; for those who meet the requirements, the agency shall issue Notice of Bid Qualifications.

  Article 11 A bidder who has received Notice of Bid Qualifications shall pay the auction agency a guarantee fee for an agreement on abiding by the rules of auction.

  The amount of the guarantee fee referred to in the above section shall be determined by an agreement based on the number of operation licenses which the bidder applies to bid for. In case of concluding a transaction in auction, the guarantee fee shall be calculated as part of the payment for operation licenses; in case of concluding no transaction in auction, the auction agency shall return in full the guarantee fee within 5 days from the date of auction.

  Article 12 Except there is a special stipulation in these detailed rules, the auction of operation licenses shall be carried out according to the related rules of Regulations of the Shenzhen Special Economic Zone on Property Auction.

  Article 13 In case of concluding a transaction in auction, a bid winner, an auctioneer and the municipal office of transit shall sign Letter of Confirmation of a Concluded Transaction on Transfer of Taxicab Operation License (hereinafter abbreviated as Transfer Confirmation) on the spot according to the written record of auction.

  Article 14 Within 30 days from the date of signing Transfer Confirmation, a bid winner shall pay in full the operation license fee to the management agency and receive a certificate of winning of a bid for operation license issued by the municipal office of transit.

  If a bid winner has not paid in full the operation license fee within the prescribed time limit, the management agency shall press the bid winner in writing for payment of the operation license fee within 15 days after the date when the payment is due; if the bid winner still has not paid in full the operation license fee after the time limit of pressing for payment, the management agency may ask the municipal office of transit to make a decision to cancel Transfer Confirmation and to put up for auction again the operation license for which the fee has not been paid. The original bid winner shall be held liable for the expenses of the second auction.

  Article 15 An operator shall, within 90 days from the date of winning a bid for operation license, bring the certificate of winning of a bid for operation license and the related materials to the municipal offices of transit, industrial and commercial administration, taxation, and a public security office in charge of vehicles administration to go through the formalities for Operation License of Road Transportation, industrial and commercial business license, tax registration, vehicle purchase and registration.

  Article 16 An operator shall, within 30 days from the date of completing the prescribed formalities referred to in the above article, go to the management agency to get a certificate of road transportation, register the type and ID number of vehicles, and receive a certificate of operation license.

  Article 17 The years to be valid for an operation licenses which has been received after Regulations took effect shall be calculated from the date of issuing of the certificate of operation license.

  Article 18 The municipal office of transit shall, within 15 days from the date of receiving the payment for the operation license fee, transfer the payment to a special bank account set by the municipal department of finance for specified purposes only.

  The payment for the operation license fees shall be used for the development of taxi trade and construction of transportation infrastructure. The spending shall be listed item by item and arranged by the municipal office of transit in a unified way, and carried out only after the municipal government has approved such spending.

  Part 2 Transfer and Pledge

  Article 19 An operation license holder who meets the requirements prescribed in Article 18 of Regulations may transfer the operation license.

  But in case of transfer of those operation licenses received before the transfer auction system took effect, the unpaid operation license fee shall be paid according to the average transaction price of the last public auction before the transfer is allowed to take place.

  Article 20 The transfer of an operation license may be done through auction by entrustment or through agreement.

  When a transferor transfers an operation license, the rights and obligations of taxi operation which have not been terminated by the transferor according to law shall be inherited by a transferee.

  Article 21 A transferee of operation license shall meet the requirements prescribed in Article 13 of Regulations.

  Article 22 The transfer of an operation license shall be done along with the transfer of vehicles which have been disposed under this license except those reaching the time limit to be replaced.

  Article 23 If the transfer of an operation license is done through an agreement, a transferor and a transferee shall sign Contract of Transfer of Taxicab Operation License (hereinafter abbreviated as Contract); if the transfer is done through auction by entrustment, an entrusting party, an auctioneer, and a winner of bid for operation license shall sign Confirmation of a Concluded Transaction in Auction (hereinafter abbreviated as Confirmation)。

  Article 24 The transfer of an operation license shall be valid only after the transfer registration has been done.

  A transferor and a transferee or an entrusting party and a winner of bid for operation license shall, within 30 days from the date of signing of Contract or Confirmation, go to the management agency to register the transfer of operation license and pay the transfer registration fee according to the rates set by the department of price, each party of the concluded transaction shall bear half of the transfer registration fee.

  Article 25 After completing the transfer registration of operation license, a transferee or a winner of bid for operation license shall, according to the related rules, bring the certificate of operation license respectively to the municipal public security office in charge of vehicle administration to transfer the titles of vehicles or to register vehicles and to the municipal offices of transit, industrial and commercial administration, taxation to go through the formalities for Operation License of Road Transportation, a certificate of road transportation, industrial and commercial registration, and tax registration.

  Article 26 An operation license holder may use a certificate of operation license as pledge according to law, but the same certificate shall not be used for more than two pledges.

  Article 27 In case of using a certificate of operation license as a pledge, a pledger and a pledgee shall conclude a written contract and register pledge at the management agency. A pledge contract shall take effect as of the date of registration.

  Article 28 In case of using a certificate of operation license as a pledge to guarantee elimination of credit, a pledger shall go to the management agency to register cancellation of pledge within 10 days from the date of elimination of credit.

  Article 29 If the transfer of an operation license occurs in the process of pledge, the transfer procedure and the conditions of a pledgee shall be in line with the related rules on the transfer of operation licenses.

  If an operation license which has been used for less than 2 years of taxi operation is pledged and its transfer occurs in the process of pledge, this operation license shall be put up for auction after being approved by the municipal office of transit. When the related expenses have been deducted from the proceeds of auction, if the remaining sum exceeds credit, the exceeded part shall be the pledger‘s, if the remaining sum is less than credit, the difference shall be cleared off by the debtor.

  Part 3 Other Rules

  Article 30 If a certificate of operation license is destroyed or lost, its holder shall make a statement in the newspaper to invalidate the certificate and apply to the management for replacement.

  If it is indeed necessary for a damaged certificate of operation license to be replaced, the management agency shall do so after verification.

  Article 31 In case of replacing a taxi, an operation license holder shall, within 15 days from the date of registration of a new vehicle, go through the formalities for registration of changes in the certificate of operation license, certificate of road transportation, and driving permit at the management agency.

  Article 32 If an operation license expires, the operation license holder shall, within 30 days from the date of expiration, return the certificate of operation license to the management agency to register cancellation and go through the related formalities at a public security office in charge of vehicle administration.

  Chapter III Operation Management

  Part 1 Taxicabs and Drivers

  Article 33 The operating conditions of a taxicab referred to in Article 22 of Regulations shall mean the conditions of service facilities of a taxicab in operation.

  The operating conditions of a taxicab shall meet the following standards:

  (1) the facilities installed according to the first section of Article 21 of Regulations shall be complete and effective;

  (2) a taximeter and a vacancy light shall be installed on the instrument panel before the front passenger seat;

  (3) a dome light shall be installed in the middle of the roof of a vehicle;

  (4) wireless communication facilities shall function normally;

  (5) screens to prevent robbery shall be firmly installed;

  (6) the floor, seats and trunk inside the vehicle shall be kept clean without any odds and ends;

  (7) car doors shall not be out of shape or loose; door locks shall be reliable; car windows shall be easily opened and closed without any problem;

  (8) there shall be no dirt, serious dents, rot, and paint peeling-off on the body of a vehicle; a number plate and a taxi plate shall be in place and neither covered nor overlapped by each other;

  (9) The full name and telephone number of an operator shall be printed on the exterior sides of both front doors; “To be driven within the Special Zone” shall be printed in addition on a yellow taxicab; a price list shall be posted in a noticeable place of the interior side of a back door; the driving permit of the driver on duty shall be hanged in a noticeable place before the front passenger seat but shall not obstruct the view of the driver; the plate number of the vehicle and the telephone number of the municipal office of transit for complain shall be printed on the screen to prevent robbery in back of the driver seat; a sign of smoke prohibition shall be posted on the interior side at the rear of the vehicle.

  All the words printed according to the prescribed requirements shall be complete

  and clearly readable.

  Article 34 Taxi drivers shall meet the requirements stipulated by the state.

  Article 35 In case of changing an operator unit to serve or changing a vehicle to drive, a driver shall go through the formalities for the change of driving permit at the original permit-issuing office.

  Article 36 If a driving permit is destroyed or lost, a statement shall be made in the newspaper to invalidate the permit, an application for a replacement shall be filed on the basis of a valid qualification certificate to the original permit-issuing office. If a driving permit is damaged, the permit shall be brought to the original permit-issuing office to exchange for a replacement.

  If a qualification certificate is destroyed or lost, a statement shall be made in the newspaper to invalidate the certificate, and an application for a replacement shall be filed to the original certificate-issuing office. If a qualification certificate is damaged, the certificate shall be brought to the original certificate-issuing office to exchange for a replacement.

  Article 37 Both driving permit and qualification certificate shall not be forged, altered, and applied for when there is already a valid one.

  Part 2 Operation Business

  Article 38 When waiting for customers at passenger transport places such as station, dock, airport, port, etc., a taxi driver shall abide by the following rules:

  (1) wait for customers in proper order, do not take acts such as bargaining a fare, etc. to disturb the order of customer-waiting management.;

  (2) do not leave the driver‘s cab when waiting for customers;

  (3) do not use the other people or other inappropriate ways to solicit passengers;

  (4) obey the direction and dispatch of the personnel of transit administration.

  Article 39 When driving a vacant taxi, a driver shall use the “vacancy” sign or

  the “temporarily out of service” sign. These two signs shall not be used when the taxi carrying a customer.

  The “vacancy” sign shall be displayed by holding up a vacancy sign in the driver‘s cab at daytime and by turning on the vacancy light and dome light at the same time at night.

  When a taxi being temporarily out of service, the “temporarily out of service” sign shall be used to cover the vacancy light, otherwise this sign shall be kept in a concealed place.

  Article 40 A taxi driver shall start the taximeter after a passenger getting on the taxi and show the passenger the amount of taxi fare displayed by the taximeter after arriving at destination; if the driver refuses to show the taximeter, the passenger shall have the right to refuse to pay fares.

  Article 41 The fares stipulated in Article 35 of Regulations shall be calculated in RMB.

  The expenses of long-distance return of a vacant taxi shall be charged according to the actual mileage beyond 30 kilometers.

  Article 42 The “chartered vehicle service” referred to in Item (1) of Article 36 of Regulations shall mean the taxi service which calculates fares according to the time of service.

  If fares are decided by an agreement according to Item (2) of Article 36 of Regulations, the prescribed rates of agreement fares shall be followed.

  In case of charging fares according to an agreement, a driver shall collect the agreement fares from passengers before departure and make out uniform passenger transportation invoices for agreement fares only.

  Article 43 The passenger transportation invoices of taxies (hereinafter abbreviated as passenger invoices) shall be issued and administered by the management agency in a unified way. The full name and telephone number of an operator shall be printed or stamped on passenger invoices in addition.

  Article 44 When a passenger complaining about a driver or an operator according to Regulations, if this passenger is not willing to give the facts of complaint which are needed or has failed to be present at a scheduled time, it shall be dealt with as this person has given up the complaint; if the driver or the operator is needed to be present for defense and has failed to do so at a scheduled time, it shall be dealt with as this person has given up the defense.

  If a passenger has made a false complaint and caused a driver to suffer from a loss, this passenger shall be held liable for making a compensation for the driver‘s actual economic loss.

  Article 45 A driver may sign a contract for undertaking operation with an operator according to law and conduct the contracted operation. The standard contract formulated by the municipal office of transit in a unified way shall be used for contracted operation.

  A contract for undertaking operation shall include the following main items:

  (1) both parties to the contract;

  (2) the vehicles and time limit of contracted operation;

  (3) the contracted amount of earnings;

  (4) the guarantee item;

  (5) the liability of legally prescribed fees;

  (6) the other rights and obligations of both parties;

  (7) the other items agreed on by both parties.

  In the main items above, the ceiling of the contracted amount of earnings, the maximum of the guaranty bond for contracted operation referred to in the guarantee item, and the liability of legally prescribed fees shall be decided by the municipal office of transit.

  Article 46 The municipal trade association of taxicabs shall work out the service promises for the taxi trade of the whole city to make to society, publish them as a code of professional ethics of the trade, and supervise its members‘ implementation.

  An operator shall keep the service promises of the taxi trade and may also make a promise in the light of practical conditions that it would provide even better services. The implementation of the promises shall be the items of evaluation for annual assessment and appraisal through comparison of operators which are conducted by the municipal office of transit, management agency, and trade association of taxicabs.

  Chapter IV Legal Liabilities

  Article 47 Except the municipal office of transit and the management agency entrusted by the office, any unit and individual shall not withhold certificates of operation license, driving permits, and certificates of road transportation. If an operator believes that withholding is indeed necessary, a proposal shall be submitted to the municipal office of transit or the management agency to withhold these documents according to law.

  When withholding the certificates listed in the above section, the municipal office of transit or the management agency entrusted by the office shall hand over to the party concerned a written decision on temporary withholding issued by the municipal office of transit; the party concerned shall go to the municipal office of transit to accept investigation and settlement before a deadline prescribed by the written decision on temporary withholding.

  Article 48 If a winner of bid for operation license has failed to go through the formalities within a prescribed time limit and put taxies into operation, an order to make it up by going through the formalities by a new deadline shall be issued; if the formalities still has not been completed after the new deadline, the related operation certificates and permits which has already been received shall be taken back, the operation license fee which has already been paid shall be returned after deducting the cost which has to be paid.

  The operations licenses taken back according to the rules in the above section may be put up for auction again by the decision of the municipal office of transit. The party punished shall be held liable for the expenses of this auction.

  Article 49 If one of the following acts has been taken in violation of the rules on the administration of operation licenses, the municipal office of transit or the management agency entrusted by the office shall order stopping operation, confiscate illegal earnings, and impose a fine of 2000 RMB on the operator:

  (1) having failed to go through the formalities for changes in operation license, certificate of road transportation, and driving permit on time after replacing the old taxies and continued to keep operation going;

  (2) having failed to go through the formalities to cancel the registration after the operation license expired and continued to keep operation going.

  Article 50 If there is one of the following situations in violation of the rules on

  the administration of operating conditions, the municipal office of transit and the management agency entrusted by the office shall order correction and impose a fine on the operator:

  (1) if the vehicle body is seriously damaged, palpably dented, and rotting, the paint is peeling off, and the appearance of the whole vehicle is not clean, the repair by a deadline shall be ordered and a fine of 800 RMB shall be imposed; if the repair has not been done after the deadline, order to stop operation shall be issued;

  (2) if car doors are out of shape or loose, door locks are not reliable, or car windows cannot be opened or closed normally, the repair by a deadline shall be ordered and a fine of 500 RMB shall be imposed;

  (3) in case of adding or changing the facilities of a taxi without authorization, correction shall be ordered and a fine of 500 RMB shall be imposed;

  (4) if the floor, seats, and trunk (spare compartment) inside vehicle and the exterior of vehicle body are not clean, correction shall be ordered and a fine of 200 RMB shall be imposed;

  (5) if the words in a sign which should be printed or posted in a taxi according to the rules are not complete or clearly readable, correction shall be ordered and a fine of 200 RMB shall be imposed;

  (6) in case of failure to post a sign of smoke prohibition in a prescribed place, a fine of 50 RMB shall be imposed.

  Article 51 If a taxi driver has taken one of the following acts, the municipal office

  of transit or the management agency entrusted by the office shall impose the following penalties respectively:

  (1) in case of inappropriate use of a taximeter by starting it before a passenger gets on a taxi, the return of fares shall be ordered, a fine of 50 times of the overcharge shall be imposed, and one-time violation shall be recorded;

  (2) if the charged fares according to an agreement exceeds the rates of agreement fares, an order to return to a passenger a sum as twice as the overcharge shall be issued, a fine of 50 times of the overcharge shall be imposed, and one-time violation shall be recorded;

  (3) in case of driving a vacant taxi without using either “temporarily out of service” sign or vacancy sign, a fine of 1000 RMB shall be imposed and one-time violation shall be recorded;

  (4) in case of carrying a passenger without using a taximeter, a fine of 500 RMB shall be imposed and one-time violation shall be recorded;

  (5) if there is no passenger invoice to be given when charging a fare, a passenger invoice which has been given is not complete, there is no full name of an operator on a passenger invoice in use, or there is no passenger invoice for agreement fares only when charging an agreement fare, correction shall be ordered and a fine of 50 RMB shall be imposed;

  (6) in case of changing the functions of vacancy light and dome light without authorization, correction shall be ordered and a fine of 200 RMB shall be imposed;

  (7) if a driver has failed to follow the order to wait for passengers at stations, docks, airports, port area, and special waiting stations on the intra-city main lines, refused to abide by the order to manage passenger-waiting, left the driver‘s cab when waiting for passengers, used the other people or other inappropriate ways to solicit passengers, and refused to obey the direction and dispatch of the personnel of transit administration, correction shall be ordered and a fine of 20 RMB shall be imposed.

  Article 52 If two or more than two persons liable are implicated in violation of

  Regulations and these detailed rules, penalties shall be imposed respectively according to the facts and circumstances of violation.

  If a doer of illegal acts has taken more than two illegal acts, penalties shall be imposed respectively, but implemented in combination.

  Article 53 When exercising the authority to impose administrative penalties, the municipal office of transit and the management agency entrusted by the office shall do so according to the related rules on decision, implementation procedure, and corresponding legal liabilities of administrative penalties referred to in Administrative Penalties Law of the People‘s Republic of China.

  Chapter V Supplementary Provisions

  Article 54 “more”, “within” a number referred to in Regulations and these detailed rules shall include the number itself, “less than” a number shall not include the number itself.

  Article 55 These detailed rules shall take effect as of the date of promulgation.

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